[1]
Note: Chapter 13.15 was repealed and reenacted by Ord. 27771 Ex. D, 2008-12-09.
The purpose of this chapter is to promote public health, safety, and general welfare by establishing goals and requirements for employers to implement commute trip reduction programs in accordance with RCW 70.94.521-551. The City of Tacoma recognizes the importance of increasing citizens’ awareness of climate change, air quality, energy consumption, and traffic congestion and the contribution employers and individual actions can make toward addressing these issues. The intent of this chapter is to achieve the following objectives:
1. 
To improve air quality, reduce traffic congestion, and reduce the consumption of petroleum fuels through employer-based programs that encourage the use of alternatives to driving alone for the commute trip.
2. 
To ensure consistency, cooperation and coordination with Pierce County, Pierce Transit and appropriate jurisdictions within the county in fulfilling the requirements as set forth in RCW 70.94.521-551.
3. 
To make optimal use of existing and planned transportation facilities to minimize development costs and preserve business opportunities in Tacoma, consistent with the goals and policies of the Comprehensive Plan as set forth in Chapter 13.02.060.
(Ord. 25258 § 1, 1993-02-02; Ord. 26215 § 1, 1998-04-07; repealed and reenacted by Ord. 27771 Ex. D, 2008-12-09; Ord. 28725 Ex. A, 2020-12-08)
(Definitions. Ord. 25258 § 1, 1993-02-02; repealed and reenacted by Ord. 27771 Ex. D, 2008-12-09; repealed and relocated to § 13.01.150 by Ord. 28613 Ex. G, 2019-09-24)
The City of Tacoma Commute Trip Reduction Plan, as adopted by the City Council on July 10, 2007, per Resolution No. 37220, establishes commute trip reduction goals for the city and affected employers, pursuant to RCW 70.94.521-551 and WAC 468-63, and shall provide the guidelines for implementing this chapter (as set forth in Chapter 13.02.060).
(Ord. 25258 § 1, 1993-02-02; Ord. 26215 § 2, 1998-04-07; Ord. 27296 § 42, 2004-11-16; repealed and reenacted by Ord. 27771 Ex. D, 2008-12-09; Ord. 28725 Ex. A, 2020-12-08)
The Planning and Development Services Department will be responsible for implementing this chapter.
(Ord. 25258 § 1, 1993-02-02; Ord. 26215 § 3, 1998-04-07; Ord. 26386 § 35, 1999-03-23; repealed and reenacted by Ord. 27296 § 43, 44, 2004-11-16; Ord. 27466 § 39, 2006-01-17; repealed and reenacted by Ord. 27771 Ex. D, 2008-12-09; Ord. 28109 Ex. O, 2012-12-04)
A. 
Affected employer. The provisions of this chapter shall apply to any affected employer at any single worksite within the limits of the City of Tacoma, or located in the city limits of jurisdictions where the City of Tacoma has entered into an interlocal agreement to administer CTR.
B. 
Change in status as an affected employer. Any of the following changes in an employer’s status may change the employer’s CTR Program requirements:
1. 
Change from affected to non-affected status. If an employer initially designated as an affected employer no longer employs 100 or more affected employees and expects not to employ 100 or more affected employees for the next 12 months, that employer is no longer an affected employer. It is the responsibility of the employer to notify the City of Tacoma in writing that it is no longer an affected employer and provide supporting evidence.
2. 
Change in status within a 12-month period. If an employer drops below the threshold and then returns to the threshold level of 100 or more affected employees within the same 12 months, that employer will be considered an affected employer for the entire 12 months, and will be subject to the program requirements as other affected employers.
3. 
Change in status after a 12-month period. If an employer drops below the threshold and then returns to the threshold level of 100 or more affected employees 12 or more months after its change in status to an “unaffected” employer, that employer shall be treated as a newly affected employer.
C. 
Newly affected employers.
1. 
Identification. Employers meeting the definition of “affected employer” in this chapter must identify themselves to the City of Tacoma within 30 days of either moving into the boundaries of the City of Tacoma or growing in employment at a worksite to 100 or more affected employees. It is the responsibility of the employer to notify the City of its affected employer status.
2. 
Survey. Newly affected employers, upon receiving written notification that they are subject to this chapter, shall have 90 days to perform a baseline measurement. The employer shall utilize the State provided survey measurement tool or State approved equivalent format and strive to achieve at least a 70% response rate from employees at the worksite.
3. 
Program development. Not more than 60 days after receiving written notification of the results of the baseline measurement, the newly affected employer shall develop and submit a CTR Program to the City of Tacoma, utilizing the format provided by the City. The program will be developed in consultation with the City to be consistent with the goals of the CTR Plan.
4. 
Program implementation. The employer’s CTR Program shall be implemented not more than 90 days after approval by the City of Tacoma.
D. 
City of Tacoma employees. The City of Tacoma, including General Government and the Public Utilities, is required to implement a Commute Trip Reduction Program in accordance with this chapter for its employees.
(Ord. 25258 § 1, 1993-02-02; Ord. 26215 § 4, 1998-04-07; Ord. 27296 § 45, 2004-11-16; repealed and reenacted by Ord. 27771 Ex. D, 2008-12-09)
A. 
Notice to known affected employers. Known affected employers located in the City of Tacoma, or within the jurisdictions for which the City of Tacoma administers the CTR programs, will receive written notification that they are subject to this chapter and any revisions or amendments to this chapter. Such notice shall be addressed to the company’s chief executive officer, senior official, or CTR manager at the worksite. Such notification shall be delivered within 30 days of the adoption of this chapter or any revisions.
B. 
Self-identification of affected employers. Employers that, for whatever reasons, do not receive notice within 30 days of the adoption or amendment of this chapter shall identify themselves to the City of Tacoma within 60 days of the adoption of this chapter.
C. 
Notification of non-applicability. It is the responsibility of the employer to provide the City of Tacoma with information, in writing, regarding the non-applicability of this chapter to their worksite.
(Ord. 25258 § 1, 1993-02-02; Ord. 26215 § 5, 1998-04-07; Ord. 27296 § 46, 2004-11-16; repealed and reenacted by Ord. 27771 Ex. D, 2008-12-09)
An affected Employer is required to make a good faith effort as defined in RCW 70.94.534(2) and this chapter to develop and implement a CTR program for their employees that will encourage their employees to reduce VMT per employee and drive alone commute trips. The employer shall provide effective staffing levels and financial resources to fulfill the following program requirements:
A. 
Employee Transportation Coordinator (ETC). The employer shall designate an employee transportation coordinator (ETC) to administer the CTR Program. The ETC or designee’s name and telephone number must be displayed prominently at each affected worksite. The ETC shall oversee all elements of the employer’s CTR Program and act as liaison between the employer and the City of Tacoma. Employers with multiple affected worksites shall have effective program administration at each affected worksite. An employer may utilize the employee transportation coordinator services of a transportation management organization/association (TMO/TMA). If a TMO/TMA is utilized, the employer will still be held responsible for meeting all the requirements of RCW 70.94.521-551 and this chapter.
B. 
Information distribution. General information about alternatives to drive alone commuting, ride matching service, as well as a summary of the employer’s CTR Program shall be provided to employees at least once a year and to new employees at the time of hire or during the new hire orientation. Specific information about commute options, employer program elements, or countywide/statewide commuter services, programs and events shall be provided to employees at least once a month. A transportation event or promotional campaign shall be conducted at least once a year.
C. 
Emergency ride home. The employer shall offer to its employees an emergency ride home program which guarantees employees a free ride home in emergency situations when they use alternative commute modes.
D. 
Additional program elements to achieve CTR goals.
1. 
In addition to the specific program elements described above, employer CTR programs shall include, but are not limited to, one or more of the following measures:
a. 
Provide preferential parking for high-occupancy vehicles;
b. 
Reduce parking charges for high-occupancy vehicles;
c. 
Institute or increase parking charges for drive alone commuters;
d. 
Eliminate free parking;
e. 
Decrease the number of parking stalls within the constraints of the parking code regulations;
f. 
Provide a parking incentives program such as a rebate for employees who do not use the parking facilities;
g. 
Provide commuter ride matching services to facilitate employee ride-sharing for commute trips;
h. 
Provide subsidies for transit, rail, or vanpool fares and/or passes;
i. 
Provide subsidies for carpools, walking, bicycling, teleworking/telecommuting or alternative work schedules;
j. 
Provide incentives for employees who do not drive alone to work;
k. 
Provide vans for vanpools;
l. 
Permit the use of the employer’s vehicles for carpooling or vanpooling;
m. 
Permit the use of the employer’s vehicles for emergency ride home or personal errands;
n. 
Establish a flex-time policy;
o. 
Establish an alternative work schedule policy;
p. 
Establish a teleworking/telecommuting policy;
q. 
Cooperate with transit providers to provide additional regular or express service to the worksite;
r. 
Construct special loading and unloading facilities for transit, carpool, and vanpool users;
s. 
Provide bicycle parking facilities, changing areas, showers and clothes lockers for employees who bicycle or walk to work;
t. 
Implement other measures designed to facilitate the use of high-occupancy vehicles, such as on-site day care or cafeteria facilities.
E. 
CTR program reporting.
1. 
Quarterly reporting. Each affected employer shall submit to the City of Tacoma a quarterly progress report in accordance with the format provided by the City.
2. 
Due dates for quarterly reporting. For the First Quarter (January, February and March), the Second Quarter (April, May and June) and the Third Quarter (July, August and September), quarterly progress reports shall be due 10 calendar days past the end of the respective quarter. For the Fourth Quarter (October, November and December), quarterly progress reports shall be due the second Wednesday in December.
3. 
Annual reporting. Each affected employer shall review its program and implementation progress by submitting an annual report to the City of Tacoma in accordance with the format provided by the City. The annual report outlines the strategies that were undertaken by an employer to achieve CTR goals for the reporting period. It also outlines the strategies to be undertaken for the next reporting year. Employers are encouraged to consider innovative strategies and combine program elements in a manner that will best suit their location, site characteristics, business type, and employees' commuting needs. Employers are further encouraged to cooperate with each other to implement program elements.
4. 
Due date for annual reporting. All annual reports shall be due by the second Wednesday of December.
5. 
Annual reporting extension. An employer may request an extension of up to 30 days for submitting the annual report. The request shall be made in writing to the City of Tacoma no less than 15 days prior to the due date.
F. 
Biennial survey measure of employee commute behavior. In addition to the baseline measurement, employers shall conduct a program evaluation as a means of determining worksite progress toward meeting CTR goals. As part of the program evaluation, the employer shall utilize the State provided survey measurement tool or State approved equivalent format and strive to achieve at least a 70% response rate from employees at the worksite. The City of Tacoma will establish a measurement schedule, in coordination with the countywide schedule, that will require employers to conduct the measurement survey on a two-year cycle. Depending on when a newly affected employer is identified, a baseline survey and measurement survey may be required during the established measurement schedule. For the purposes of this chapter, an employer shall not be required to survey more than once in a 12-month period.
G. 
Record keeping. Affected employers shall maintain a copy of official correspondences with the City of Tacoma, their measurement results and all supporting documentation for the descriptions and assertions made in any CTR report to the City for a minimum of 48 months. The City and the employer shall agree on the record keeping requirements as part of the accepted CTR Program.
(Ord. 25258 § 1, 1993-02-02; Ord. 26215 § 6, 1998-04-07[1]; Ord. 27296 § 47, 2004-11-16; repealed and reenacted by Ord. 27771 Ex. D, 2008-12-09)
[1]
Code Reviser’s note: Ord. 26215 contained two sections numbered 6 - see also § 13.15.090.
A. 
Newly affected employers. The first annual report submitted by a newly affected employer shall be accepted by the City of Tacoma as long as it addresses necessary baseline information and all required elements including elements likely to result in reduction in drive alone trips or reduction in average VMT.
B. 
Review and evaluation. The City of Tacoma’s review and evaluation will address the employer’s good faith efforts toward meeting the CTR goals. Consequently, programs may be deemed acceptable or unacceptable based on the employer’s progress in reducing commute trips, as measured by reduction in drive alone trips or reduction in average VMT. The employer shall provide adequate information and documentation of program implementation when requested by the City.
C. 
Document review. Within 90 days of receipt of an employer’s CTR Program, the City of Tacoma shall provide the employer with written notification of the acceptability of the CTR Program. If the CTR Program is deemed unacceptable, the notification must give cause for the rejection. The City may extend the review period up to 90 days. If the review period is extended, the implementation date for the employer’s CTR Program will be extended an equivalent number of days.
D. 
Review criteria. The City of Tacoma shall use the following criteria in determining whether an affected employer shall be required to make modifications to its CTR Program:
1. 
If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, and meets or exceeds either the applicable drive alone trips or VMT reduction goal, the employer has satisfied the objectives of this chapter, and will not be required to modify its CTR Program.
2. 
If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, but fails to meet both the applicable drive alone trips and VMT reduction goals, the City shall work collaboratively with the employer to implement program modifications likely to result in improvements to the program over an agreed upon length of time.
3. 
If an employer fails to make a good faith effort, as defined in RCW 70.94.534(2) and this chapter, and fails to meet both the applicable drive alone trips and VMT reduction goals, the City shall work collaboratively with the employer to identify modifications to the CTR Program and shall direct the employer to revise its program accordingly and submit the revised program to the City within 30 days.
E. 
Request for conference. Within 10 days of receipt of written notice for an unacceptable CTR Program, the City of Tacoma or employer may request a conference to discuss the City’s decision. This conference shall be scheduled during the City’s official hours.
F. 
Request for program modifications. Any affected employer may make a request, in writing, to the City of Tacoma for modification of its CTR Program elements, other than the mandatory designation of the employee transportation coordinator, information distribution, survey, and quarterly and annual reports. The City shall review such request and notify the employer of its decision in writing within 30 days upon receipt of the request. The employer’s request for program modifications may be granted if one of the following conditions exist:
1. 
The employer can demonstrate it would be unable to comply with the CTR Program elements for reasons beyond the control of the employer; or
2. 
The employer can demonstrate that compliance with the CTR Program elements would constitute an undue hardship.
G. 
Implementation of program modifications. If the City of Tacoma proposes modifications to an affected employer’s CTR Program due to the program’s unacceptability or in response to the employer’s request for modifications, the employer shall have 30 days to submit a revised program that includes the proposed or other mutually agreed modifications. The City shall also review annually all modifications and determine whether they will remain in effect during the following program year.
(Ord. 25258 § 1, 1993-02-02; Ord. 26215 § 6, 1998-04-07[1]; Ord. 27296 § 48, 2004-11-16; repealed and reenacted by Ord. 27771 Ex. D, 2008-12-09)
[1]
Code Reviser’s note: Ord. 26215 contained two sections numbered 6 - see also § 13.15.080.
A. 
Worksite exemption. An affected employer may make a request, in writing, to the City of Tacoma for granting an exemption from all CTR program requirements or penalties for a particular worksite. The employer must demonstrate that it would experience undue hardship in complying with the requirements of this chapter as a result of the characteristics of its business, its work force, or its location(s). A one-year exemption may be granted if and only if the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures that could reduce the proportion of drive alone trips or average VMT per employee. The City shall grant or deny the request within 30 days of receipt of the request. The City shall review annually all employers receiving exemptions, and shall determine whether the exemption will be in effect during the following program year.
B. 
Employee exemption. Groups of employees who are required to drive alone to work as a condition of employment may be exempted from a worksite’s CTR Program. Exemptions may also be granted for employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts. Affected employees who are exempted from a worksite’s CTR Program shall be counted when determining the total number of affected employees at the worksite. The City of Tacoma shall grant or deny the request within 30 days of receipt of the request. The City shall review annually all employee exemption requests, and shall determine whether the exemption will be in effect during the following program year.
(Ord. 25258 § 1, 1993-02-02; Ord. 26215 § 7, 1998-04-07; Ord. 26386 § 36, 1999-03-23; Ord. 27296 § 49, 2004-11-16; Ord. 27466 § 40, 2006-01-17; repealed and reenacted by Ord. 27771 Ex. D, 2008-12-09)
A. 
Compliance. For purposes of this chapter, compliance shall mean fully implementing all provisions in an approved CTR Program or being determined to have made a good faith effort as defined in RCW 70.94.534(2) and this chapter.
B. 
Violations. The following constitute violations of this chapter:
1. 
Failure of an affected employer to identify itself to the City of Tacoma within 60 days of the effective date of this chapter;
2. 
Failure of a newly affected employer to identify itself to the City of Tacoma within 30 days of becoming an affected employer;
3. 
Failure to develop and/or submit a complete CTR Program by the applicable deadlines as stated in this chapter;
4. 
Failure to implement an approved CTR Program by the applicable deadlines as stated in this chapter;
5. 
Failure to modify an unacceptable CTR Program by the applicable deadlines as stated in this chapter;
6. 
Failure to submit quarterly and annual reports to the City of Tacoma by the applicable deadlines as stated in this chapter;
7. 
Failure to complete the survey measurement by the applicable deadlines as stated in this chapter;
8. 
Failure to maintain agreed-upon CTR Program records;
9. 
Intentionally submitting fraudulent or false information, data, and/or survey results.
C. 
Penalties.
1. 
Civil infraction. Any affected employer violating any provision of this chapter shall be deemed to have committed a civil infraction, and shall be subject to civil penalties pursuant to RCW 7.80.
2. 
Violation notification. Upon making a determination that an affected employer is in violation of this chapter, the City of Tacoma shall issue a written notice and order to the affected employer. The notice and order shall contain:
a. 
A brief and concise description of the affected employer’s conditions found to be in violation;
b. 
A statement of the corrective action required to be taken and when such corrective action shall be completed;
c. 
A statement specifying the amount of any civil penalty assessed on account of the violation; and
d. 
A statement advising that the order shall become final unless, no later than 30 days after the notice and order are served, any person aggrieved by the order requests in writing an appeal before the City of Tacoma Hearing Examiner.
3. 
Penalty amount. The penalty for violation shall be $250 per day.
4. 
Penalty accrual. Penalties will begin to accrue following the official date of notice from the City of Tacoma. In the event that an affected employer appeals the imposition of penalties, the penalties will not accrue during the appeals process. Should the Hearing Examiner decide in favor of the appellant, all or a portion of the monetary penalties will be dismissed.
5. 
Union negotiations. An employer shall not be liable for civil penalties if failure to implement an element of a CTR Program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Unionized employers shall be presumed to act in good faith compliance if they:
a. 
Propose to a recognized union any provisions of the employer’s CTR Program that is subject to bargaining as defined by the National Labor Relations Act; and
b. 
Advise the union of the existence of the statute and the mandates of the CTR Program approved by the City of Tacoma and advise the union that the proposal being made is necessary for compliance with the CTR Law (RCW 70.94.521-551) and this chapter.
6. 
Notification to jurisdiction. If the affected employer found in violation is located within a jurisdiction for which the City of Tacoma administers the CTR Program, as per Section 13.15.050A, the City will send written notice to the jurisdiction. It is the responsibility of the jurisdiction to issue written notice to the employer and assess a penalty.
(Ord. 25258 § 1, 1993-02-02; Ord. 26215 § 8, 1998-04-07; Ord. 26386 § 37, 1999-03-23; Ord. 27296 § 50, 2004-11-16; Ord. 27466 § 41, 2006-01-17; repealed and reenacted by Ord. 27771 Ex. D, 2008-12-09)
A. 
Appeals. Any affected employer may appeal administrative decisions regarding modification of CTR Program elements and penalties to the City of Tacoma Hearing Examiner. Appeals shall be filed within 30 days of the administrative decision. Appeals shall be heard pursuant to those applicable procedures found in Chapter 1.23. Such appeals to the Hearing Examiner shall be de novo. The Hearing Examiner will evaluate employers’ appeals of administrative decisions by determining if the decisions were consistent with the CTR Law (RCW 70.94.521-551), WAC 468-63 and this chapter.
B. 
Judicial appeal. The decision of the Hearing Examiner shall be considered a final decision, appealable only to the Superior Court of Washington for Pierce County. Appeals to the Superior Court shall be made within 30 days of the final action of the Hearing Examiner.
(Ord. 26215 § 9, 1998-04-07; Ord. 27296 § 51, 2004-11-16; repealed and reenacted by Ord. 27771 Ex. D, 2008-12-09)
(Enforcement. Ord. 25258 § 1, 1993-02-02; Ord. 26215 § 10, 1998-04-07; Ord. 26386 § 38, 1999-03-23; Ord. 27296 § 52, 2004-11-16; Ord. 27466 § 42, 2006-01-17; repealed by Ord. 27771 Ex. D, 2008-12-09)
(Appeals. Ord. 25258 § 1, 1993-02-02; Ord. 27296 § 53, 2004-11-16; repealed by Ord. 27771 Ex. D, 2008-12-09)
(Review of local parking policies and ordinances. Ord. 27296 § 54, 2004-11-16; repealed by Ord. 27771 Ex. D, 2008-12-09)